Greene et al v. Dantzler

Filing 4

ORDER that 2 Report and Recommendation is ADOPTED in full. FURTHER ORDERED that Plaintiffs' Complaint is DISMISSED WITH PREJUDICE. FURTHER ORDERED that the Clerk of Court is instructed to close this case and enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 2/15/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 JUSTIN GREENE, et al., Plaintiffs, 5 6 7 vs. SHAWN DANTZLER, Defendant. 8 ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-02096-GMN-PAL ORDER 9 10 Pending before the Court is the Report and Recommendation of United States 11 Magistrate Judge Peggy A. Leen, (ECF No. 2), which recommends that the Plaintiffs’ 12 Complaint should be dismissed with prejudice and judgment entered accordingly. 13 A party may file specific written objections to the findings and recommendations of a 14 United States Magistrate Judge made pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B); 15 D. Nev. R. IB 3-2. Upon the filing of such objections, the Court must make a de novo 16 determination of those portions to which objections are made. Id. The Court may accept, reject, 17 or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 18 28 U.S.C. § 636(b)(1); D. Nev. IB 3-2(b). Where a party fails to object, however, the Court is 19 not required to conduct “any review at all . . . of any issue that is not the subject of an 20 objection.” Thomas v. Arn, 474 U.S. 140, 149 (1985). Indeed, the Ninth Circuit has recognized 21 that a district court is not required to review a magistrate judge’s report and recommendation 22 where no objections have been filed. See, e.g., United States v. Reyna–Tapia, 328 F.3d 1114, 23 1122 (9th Cir. 2003). 24 25 Here, no objections were filed, and the deadline to do so has passed. /// Page 1 of 2 1 Accordingly, 2 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 2), is 3 4 5 6 7 ADOPTED in full. IT IS FURTHER ORDERED that Plaintiffs’ Complaint is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Clerk of Court is instructed to close this case and enter judgment accordingly. 8 9 15 DATED this ________ day of February, 2017. 10 11 12 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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